Legalities of being a Lesbian coupe having a baby

[catemer]

Hi all. Me again!

I was on a site the other day and it was talking about the legalities of home insemination with known donor etc.

One thing that struck me is that it said doing it with a known donor at home means the donor has parental claim to the resulting child. But if done at a clinic then the donor had no claim. This was a UK site but it got me thinking.

Is anyone from NSW and had a baby via home insemination or IVF?
Were you able to put both mother's names on the birth certificate as mother and parent? Is that even possible in NSW?
Or did your non-tummy mummy have to go down the adoption road and officially adopt the child at a later point?

Maybe I'm over thinking this whole process, but I guess I'd rather know what hurdles we're up against before they spring up and surprise us?

Thanks heaps.

[Fingerscrossd11]

good question, i was talking with a friend yesterday about this and i think u are right. She said doing it with a known donor u will have to apply at a late date to have your name on the birth certificate while doing it through a clinic the non birth mum will have their name on the cert automatically. Any thoughts anyone?

[Etienne]

Sorry can't help with home insem or nsw but I know whn this bub is born my dp can't go on birth certificate in SA. All other attest recognize the other mum as patent though. I would think you would need some sort of contract and legal advice but still would be very careful.

[KnockKnockPenny]

I believe in NSW non tummy mummy can be put on birth certificate :-) and they have just changed the legislation and the same is so in QLD :-) yay! I was almost considering having (when I get preg) baby in NSW but luckily QLD decided to change the law :-)

[ontheway]

Hi, girls we are in NSW and we went with DYI at home :)

Yes, both our names are on the birth certificate and from memory you can choose to be mother or parent on the certificate you can also choose to have the birth mother mentioned if you like. So know we did not have to go down the adoption path. The Birth Death's and Marriages do not ask or do you have to tell them if you have gone through IVF or not.
About the donor, as far as I know he has to go to court to claim his parental rights and most women have contraction of intent signed. I hear most desputes are more likely when the couples part or co-parenting with donor and/or partner.

[catemer]

Hi Ontheway and Mumstobe. Thanks very much for your answers. Nice to know it's one less hurdle to jump or hoop to jump through.

Thanks again.:)

[fickwalker]

Just confirming that yes, in NSW, both mothers can be listed on the birth certificate. There was a celebration in our household when that became law. :) Good luck!

[Izy]

that's awesome news! When did the law change in qld and why didn't i hear about it!

[KnockKnockPenny]

I believe the law changed maybe July 2010 in QLD? Can't remember overly but sometime around then :-D

[Me]

I believe the law changed maybe July 2010 in QLD? Can't remember overly but sometime around then :-D

There were a few changes to legislation regarding non-traditional parentage in Qld last July - yay for a step forward!

[rainbow road]

My gf and I aren't at the stage of having kids, but I think we will be doing home insem with a known donor (already known) but with both mummies on the birth cert :)

Thought I should make friends here though...so when it happens, I have people :)

[Izy]

Anyone know what the rights/risks are for the donor?

[Fingerscrossd11]

welcome forkie

izy, what exactly are u wanting to know?

[2mummies]

Just confirming that yes, in NSW, both mothers can be listed on the birth certificate. There was a celebration in our household when that became law. :) Good luck!

Celebration in our home too! DP & I r 34 wks preg via home insemination (after miscarrying via iui & having no $ left ) we will both b on the birth cert!! But apparently u have to still fill out the traditional cert with mother/father in hospital & personally go in to BDM & change cert there. That's what BDM said over phone anyway. I asked the hospital if they could get a cert (they didn't know one was available for same sex couples) & they r going to try.

[fickwalker]

Oooh, congrats 2mummies! Not long to go now. As you can tell by my sig, my DP is 24wks at the moment. Not sure about the deal with the birth certificate as our hospital is already on board with having us both on there. I really hope your hospital comes through for the two of you. But at least there's the option of changing it with BDM. Something's better than nothing. :)

[ontheway]

Welcome Forkie hope you get comfy here in Hub land :)



Celebration in our home too! DP & I r 34 wks preg via home insemination (after miscarrying via iui & having no $ left ) we will both b on the birth cert!! But apparently u have to still fill out the traditional cert with mother/father in hospital & personally go in to BDM & change cert there. That's what BDM said over phone anyway. I asked the hospital if they could get a cert (they didn't know one was available for same sex couples) & they r going to try.

Your right the hospital will only have traditional forms don't fill it in, just go to BDM and complain when fill in SS forms about not having them at the hospital because they do have them.
What hospital are your delivering at?

[ontheway]

Anyone know what the rights/risks are for the donor?

Yes, what would you like to know?

This is what I know -

Donors have no legal responsibilities or rights to any child through donation

Donors have a legal right to know it know when the baby was born/sex and if the baby is OK or not.

The gov has set up Central Register maintained by Births, Deaths and Marriage Registrar. So the donor can contact from Child once they reach the age of 18 if the child has stated if they wish to meet. (this start Jan 2010 and most DYI donor will not be on the Central Register, only if they went through a clinc )



He is a link to first case in Australia, and one of the first cases in the world, to deal with the issue of whether a sperm donor (who co -parented )has a right of contact with the child under family law (also remember this was before the laws changed)
Return to original version (http://www.law.qut.edu.au/ljj/editions/v3n2/mills_mcconvill_full.jsp)]

[lulululu]

If you ring bdm they will send out the same sex form as your hospital may not have it (rpa didn't 9 months ago)

[Izy]

thanks, you answered for me. Really i want to know if a donor can then be hit up for child support etc

[Fingerscrossd11]

only if the donor was is on the bc.

[2mummies]

Welcome Forkie hope you get comfy here in Hub land :)




Your right the hospital will only have traditional forms don't fill it in, just go to BDM and complain when fill in SS forms about not having them at the hospital because they do have them.
What hospital are your delivering at?

I'm delivering at Blacktown and although the midwife said she would look into getting a SS birth cert I spoke with BDM again today& they said hospitals can only get the standard form. The also will not send a SS form out to u personally unless bub is already born. We used a known donor SI so really keen to have ours organized asap! Don't understand why a hospital cannot request one?! If anyone knows any different I'd love to hear from u.